MANILAL GOSAIBHAI TANDEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition, under Articles 226 and 227 of the Constitution of India, the prayer of the petitioner reads as under:

(2.) It is the case of the petitioner that since the suspension was revoked on 20.3.1999, the period during which he was under suspension from 3.6.1988 to 19.3.1998 should be considered for the purposes of grant of pension.

(3.) Mr.B.K. Oza, learned counsel for the petitioner places reliance on a decision of this Court rendered in Special Civil Application No.12261 of 2004 in which reliance is placed on GR dated 31.03.1971, wherein, this Court directed that the period of suspension be treated as on duty and consequential benefits be accordingly extended. Claiming parity, Mr. Oza would contend that in the case on hand too, the petitioner should be given the benefit of the regularization of such period and the pension be re-fixed accordingly.